PRINTER'S NO. 252
No. 230 Session of 1997
INTRODUCED BY DeLUCA, SHANER, TIGUE, READSHAW, CAWLEY, BELARDI,
STABACK, OLASZ, TRELLO AND STERN, FEBRUARY 4, 1997
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 4, 1997
AN ACT
1 Amending the act of May 2, 1945 (P.L.382, No.164), entitled "An
2 act providing for the incorporation as bodies corporate and
3 politic of 'Authorities' for municipalities, counties and
4 townships; prescribing the rights, powers and duties of such
5 Authorities heretofore or hereafter incorporated; authorizing
6 such Authorities to acquire, construct, improve, maintain and
7 operate projects, and to borrow money and issue bonds
8 therefor; providing for the payment of such bonds, and
9 prescribing the rights of the holders thereof; conferring the
10 right of eminent domain on such Authorities; authorizing such
11 Authorities to enter into contracts with and to accept grants
12 from the Federal Government or any agency thereof; and
13 conferring exclusive jurisdiction on certain courts over
14 rates," further providing for water and sewer service to
15 tenants.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Clauses (h.1) and (h.2) of subsection B of
19 section 4 of the act of May 2, 1945 (P.L.382, No.164), known as
20 the Municipality Authorities Act of 1945, added December 19,
21 1990 (P.L.1396, No.217), are amended to read:
22 Section 4. Purposes and Powers; General.--* * *
23 B. Every Authority is hereby granted, and shall have and may
24 exercise all powers necessary or convenient for the carrying out
1 of the aforesaid purposes, including but without limiting the
2 generality of the foregoing, the following rights and powers:
3 * * *
4 (h.1) In the case of an Authority which has agreed to
5 provide water or sewer service through a separate meter and
6 separate service line to a residential dwelling unit in which
7 the owner does not reside, the owner shall not be liable to pay
8 the tenant's bill for service rendered to the tenant by the
9 Authority [only if the Authority notifies the owner and the
10 tenant within thirty days after the bill first becomes overdue.
11 Such notification shall be provided by first class mail to the
12 address of the owner provided to the Authority by the owner and
13 to the billing address of the tenant, respectively]. Nothing
14 herein shall be construed to require an Authority to terminate
15 service to a tenant, provided that the owner shall not be liable
16 for any service which the Authority provides to the tenant
17 [ninety or more days after the tenant's bill first becomes due
18 unless the Authority has been prevented by court order from
19 terminating service to that tenant].
20 (h.2) In the case of an Authority which has agreed to
21 provide sewer service to a residential dwelling unit in which
22 the owner does not reside, the Authority shall notify [the owner
23 and] the tenant within thirty days after the tenant's bill for
24 that service first becomes overdue. Such notification shall be
25 provided by first class mail [to the address of the owner
26 provided to the Authority by the owner and] to the billing
27 address of the tenant.[, respectively. Nothing herein shall be
28 construed to relieve the owner of liability for such service
29 unless the Authority fails to provide the notice required
30 herein.]
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1 * * *
2 Section 2. This act shall take effect in 60 days.
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